Assembly bill attacking boycott rights

Several members of the New York State Assembly are attacking our First Amendment rights by attempting to prohibit actions connected to the Boycott Divestment and Sanctions movement (BDS).

BDS tactics nonviolently pressure Israel to negotiate a just solution to its conflict with the Palestinians. The movement calls for sanctions on Israel, and urges organizations and individuals to boycott and divest from Israeli companies and institutions, as well as international companies that profit from or contribute to the occupation of Palestine.

BDS is a response to the 2005 call from Palestinian civil society to the international community for support by using the same nonviolent tactics that helped end South African apartheid.

The anti-apartheid movement was not anti-white nor anti-Afrikaner; it was against the racist system the South African government imposed on its non-white population. Similarly, in spite of misleading accusations, the BDS campaign is not anti-Jewish; it opposes Israel’s illegal occupation of the West Bank, the blockade of Gaza and discrimination against Palestinian citizens of Israel.

BDS has growing international support. In the U.S., the Palestinians’ BDS call has been endorsed by labor unions, academic organizations, prominent public intellectuals and cultural figures. Student associations at major universities and religious institutions, including the United Church of Christ, United Methodist Church, Alliance of Baptists, National Coalition of American Nuns and American Friends Service Committee, have passed divestment resolutions targeting corporations profiting from or contributing to Israel’s occupation.

In response to this growing movement, unconditional supporters of Israel are attacking fundamental Constitutional freedoms. In New York, Assembly Bill A8220A, under consideration by the Government Operations Committee, prohibits activity intended to limit “commercial relations” with the state of Israel or with territories controlled by Israel. Those that engage in such activity would be barred from bidding on contracts with New York state and would be subject to other sanctions. These measures direct the state finance commissioner to publish a list of organizations that support the boycott, as defined in the bills.

The New York Civil Liberties Union notes: “The proposed legislation is outside the bounds of federal and state law; its proscriptions reach far beyond what is constitutionally permissible. The Supreme Court has clearly established that First Amendment protections apply to politically motivated economic boycotts aimed at influencing public policy and advancing social change. The Court has also ruled that the Constitution prohibits government from conditioning eligibility for public contracts upon the political affiliation of those bidding for a contract.”

The Ithaca Committee for Justice in Palestine and Ithaca Jewish Voice for Peace wish to alert New York citizens about the dangers posed by A8220A. We urge you to call or write our state lawmakers to oppose this bill. Stand up for your First Amendment rights and resist any move to silence the protest against Israel’s human-rights violations enabled by our tax dollars. If the Assembly prohibits BDS, what other free speech actions might be criminalized next?

Barbara Chasin, of Ithaca, is a member of Ithaca Jewish Voice for Peace. Linda Gaither, of Richford, is a member of the Ithaca Committee for Justice in Palestine.